Shailaja.B vs State Of Kerala
2021 Latest Caselaw 395 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

                        WP(C).No.336 OF 2021(N)


PETITIONER:

               SHAILAJA.B
               AGED 57 YEARS
               WIFE OF K.P.AJAYAKUMAR, PRINCIPAL (RETIRED),
               NAIR SAMAJAM HIGHER SECONDARY SCHOOL,
               P.O.NEDUMUDY, ALAPPUZHA DISTRICT-688 503,
               (RESIDING AT NANADU HOUSE, P.O.NEDUMUDY,
               ALAPPUZHA DISTRICT-688 503).

               BY ADVS.
               SRI.V.A.MUHAMMED
               SRI.V.RAJASEKHARAN NAIR

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
               GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
               THIRUVANANTHAPURAM-695 001.

      2        THE DIRECTOR OF GENERAL EDUCATION,
               (HIGHER SECONDARY WING), HOUSING BOARD BUILDINGS,
               SANTHI NAGAR, THIRUVANANTHAPURAM-695 001.

      3        THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
               EDUCATION, CHENGANNUR, ALAPPUZHA DISTRICT-689 121.

      4        THE MANAGER, NAIR SAMAJAM HIGHER SECONDARY SCHOOL,
               P.O.NEDUMUDY, ALAPPUZHA DISTRICT-688 503.

      5        THE PRINCIPAL NAIR SAMAJAM HIGHER SECONDARY SCHOOL,
               P.O.NEDUMUDY, ALAPPUZHA DISTRICT-688 503.

               GP-SRI.UNNIKRISHNA KAIMAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.336 OF 2021

                                           2



                                  JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) issue a writ of mandamus or other appropriate writ order or direction commanding the 3 rd Respondent RDD HSE, Chengannur to sanction the pensionary benefits to the Petitioner who retired on 31.03.2020 forthwith.

ii) call for the records relating to Exhibits P-9 and P-10 and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order.

iii) declare that the Petitioner is entitled for her 2 nd to 7th annual increments due on 08.10.2012, 01.10.2013, 01.10.2014, 01.10.2015, 01.10.2016, 01.10.2017 and the 8 th increment on 01.10.2018.

iv) issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to grant annual increment due on 01.10.2018 treating that the Petitioner is entitled for test exemption on attaining 50 years of age as on 20.07.2013.

(v) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondent to consider and pass appropriate orders upon Exhibit P- 13 after affording an opportunity of being heard to the Petitioner within a time frame."

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

3. It is submitted that the petitioner has preferred Ext.P13 revision

petition before the Government, which is pending. WP(C).No.336 OF 2021

4. Having heard the learned Government Pleader also, there will

be a direction to the 1st respondent to take up, consider and pass

orders on Ext.P13 revision petition submitted by the petitioner after

notice to the petitioner as well as the 4th respondent. Appropriate

orders shall be passed after hearing the parties, through any

appropriate means including video conferencing, within a period of

three months from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.336 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER NO.ACD.C3/19555/HSE/2001 DATED 06.06.2002 OF THE DIRCTOR.

EXHIBIT P2 TRUE COPY OF THE ORDER NO.C2/2925/HSE/99 DATED 21.07.1999 OF THE DIRECTOR,

EXHIBIT P3 TRUE COPY OF THE ORDER NO.TRO/7/1645/06/HSE DATED 03.11.2010 OF THE RDD HSE, THIRUVANANTHAPURAM.

EXHIBIT P4 COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK OF THE PETITIONER.,

EXHIBIT P5 TRUE COPY OF THE FORM TR 63 AND APPROVED BY THE RDD HSE, KOTTAYAM DATED 22.07.2014.

EXHIBIT P6 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY OF THE PETITIONER AND APPROVED BY THE RDD HSE DATED 10.05.2016.

EXHIBIT P7 TRUE COPY OF THE PERIODICAL INCREMENT CERTIFICATE DATED 27.10.2016.

EXHIBIT P8 TRUE COPY OF THE RELEVANT PAGE OF THE DRAFT PENSION BOOK ALONG WITH FORMAL APPLICATION DATED 30.12.2019.

EXHIBIT P9 TRUE COPY OF THE LETTER NO.ACD.A3/12119/2018/HSE DATED 19.10.2020 OF THE 2ND RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE LETTER NO.8018/C7/2017/RDD/CHGR DATED 11.11.2020 OF THE 3FD RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE DECISION REPORTED IN 2002 KHC 35 DECIDED ON 19.10.2001.

EXHIBIT P12 TRUE COPY OF THE GO(P) NO.55/2019/FIN.

DATED 04.05.2019 OF THE GOVERNMENT.

EXHIBIT P13 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 01.01.2021. WP(C).No.336 OF 2021

EXHIBIT P14 TRUE COPY OF TH GO(RT) NO.670/2017/G.EDN. DATED 09.03.2017 OF THE GOVERNMENT.

RESPONDENT'S/S EXHIBITS: NIL